In Chadds Ford, a more than 100-year-old home, tucked away on 44 acres of bucolic countryside was getting rave reviews on Airbnb.
“Loved living here!” one reviewer wrote. “The house was very neat with intricate details! All five families enjoyed the lovely backyard, fire pit, and all the rooms.”
The home, on a narrow road amid rolling fields and woods along Beaver Creek, is convenient to Longwood Gardens, Wyeth Country attractions, and First State National Historical Park. But Chadds Ford Township officials decided last year that renting the property for short terms through Airbnb violated local zoning, triggering a year long back-and-forth between the owners, Smithbridge Partners LP, and the township.
So far this year officials have issued citations totaling $17,000 to the partnership, which is controlled by a local couple who live elsewhere in the township. That’s about $500 for every night of $900 rentals.
Officials say the Delaware County property, carved from a larger estate once owned by the du Pont family, had been rented as an Airbnb in defiance of a local law governing residential zoning, according to documents obtained by The Inquirer. The owners, through their attorney, said they did not believe they were in violation and say they are conservationists determined to preserve the grounds and other land they own.
It’s emblematic of the rise of Airbnb and VRBO rentals that have caused municipalities throughout the region to assess what’s allowed — and what’s not — as the growing sector disrupts not only the vacation and hotel industry, but set off conflicts with neighbors.
Chadds Ford
A neighbor first complained to Chadds Ford officials in April 2023 that the Smithbridge Road property was being rented through Airbnb and cited “multifamily gatherings” that resulted in “loud parties, drinking shouting, music, and the like.” Officials determined the use violated the township’s residential zoning ordinance and filed a civil complaint in Magisterial District Court.
Smithbridge Partners, the company that owns the property, is controlled by Whit Gardner, founder of a local asset management firm. Cindy Gardner, his wife, has been the face of the property on Airbnb. The couple, who own 400 acres in the area, according to documents, recently pulled the Smithbridge Road listing from Airbnb. Though the property is largely isolated, there are a few homes nearby.
The township issued a citation as recently as March 18 while the case awaits a trial in Magisterial District Court. No date for a hearing has been set, though the township filed suit nearly a year ago. Township officials did not respond to a request Monday for comment.
Paul Padien, an attorney representing Smithbridge Partners, said in a recent interview that he had met with officials in April 2023 and left believing the rentals were allowed. Now, Padien said he plans to file for a zoning variance or ask for an allowance of the use for the Smithbridge Road property. He said the property had long been rented, even before the Gardners purchased it.
“We’re not here to fight,” Padien said. “We’re here to find a way for our use to coexist legally in the township. Filing a zoning application … will give everyone a chance to come in and have their say. It’s a public hearing, so any party can come in and get on the record. We’re not here to force anything. We think we have a path. I think my clients are good stewards of the property. Anyone who says differently would be incorrect.”
Legal precedents
In Philly, residents have voiced concerns that short-term rentals were driving up local rents, limiting the availability of long-term residential rentals, attracting an influx of tourists, and creating excessive noise. Starting Jan. 1, in an effort to strike balance between tourism and community, Philadelphia imposed regulations on short-term rentals.
In Cherry Hill, the township council introduced an ordinance in 2019 that would have limited short-term rentals after receiving complaints against a home that once belonged to boxer Muhammad Ali. The home’s more recent owners were renting it as an Airbnb, resulting in 97 calls to police. But the council tabled the ordinance in face of opposition by residents who said rentals supplemented their income, boosted the local economy, and brought diverse people into their homes. The ordinance was never approved.
Pennsylvania municipalities are better armed legally when it comes to Airbnbs because of a 2019 state Supreme Court decision, Slice of Life v. Hamilton Township Zoning Hearing Board.
That case revolved around a single-family home in the Poconos that was being rented as an investment by Slice of Life LLC. Justices decided that “the purely transient use of a house is not a permitted use in a residential zoning district. The justices said municipalities had a “single housekeeping unit” in mind when they created residential zoning. Short-term rentals, they said, do not fit with that definition.
Ever since, local governments have cited Slice of Life when looking to halt or curtail short-term rentals.
Matthew McClure, who specializes in zoning and land use with the Ballard Spahr law firm in Philadelphia, said the Supreme Court conducted an “exhaustive analysis.” The result of the decision, he said, is that if a property is not being used primarily as a single-family home, but as a short-term rental, it would likely violate residential zoning laws in most communities.
McClure has not been involved in the Chadds Ford case and said he could only speak generally. McClure, who practices mostly in Philly, said that people or businesses buying multi-family units or single-family homes for the sole purpose of renting them out without plans to live there would likely run afoul of Slice of Life.
“If there was a responsible owner that leased a property for a week or two at a time, and lived there half the time, and had a caretaker, and had a strict code of conduct,” McClure said of the Slice of Life case, “the court might have ruled differently.”
In short, he said, the court ruled that a single-family home should be used as most people would expect.
However, some municipalities, such as Philadelphia, he noted, have chosen to adopt zoning that allows for Airbnbs within reason.
36 citations
The Gardners purchased the estate in 2002, according to land records, and it came with a conservation easement from a previous owner, meaning it cannot be developed. The parcel was once part of a larger tract owned by scions of the du Pont family. The couple wants to keep the land preserved, Padien said.
Padien told Chadds Ford officials in a letter last year that the Gardners had rented out the property “lawfully” as a single-family home.
Officials countered that their definition of a family home under the township’s R-1 residential zoning ordinance refers to a “single housekeeping unit” related by blood, marriage, foster relationship, or adoption. Officials said that prohibits no more than “three unrelated individuals living together in a dwelling unit.” They cited the Slice of Life decision.
As the back-and-forth with the township continued, Smithbridge Partners continued to rent the property. In September, the Gardners notified the township through Padien that they had been “diligent in redoubling their efforts to eliminate any possibility of disturbance or noise that may negatively impact their neighbors.” They notified renters to “respect the serenity, peace and quiet our remote, wooded location offers” and that violation of the township noise ordinance carries a $1,000 fine. Further, the couple installed a noise monitoring system on the grounds that would alert them instantly if noise rose above a preset decibel level.
Padien said the app has gone off twice: once to replace the batteries and a second time when triggered by a passing truck. Mostly, the home is rented to people with plans to visit Longwood Gardens and other area attractions. He said other properties in Chadds Ford have been posted on Airbnb, and he believes the Gardners have been being singled out.
Regardless, Chadds Ford has written 36 citations this year since Jan. 19. In total, the township issued $17,000 in fines across 35 citations. Padien said most of those were written while local families were staying at the property after being displaced — one because of a fire.
Hearings for the court case have been rescheduled a number of times. Smithbridge Partners has pleaded not guilty. As of this week, no date had yet been set for a trial.
